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Government of Punjab

State Consumer Disputes Redressal Commission Punjab

Chandigarh

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Punjab State Emblem

State Consumer Disputes Redressal

Commission Punjab

First Appeal - u/s 41

FA — Filing Procedure

Overview

Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed: Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.

Documents Required

The First Appeal shall be properly indexed, paginated and arranged in the following order:

  1. 1. Index

  2. 2. Proforma for Filing First Appeal

  3. 3. Supporting Affidavit in support of pleadings filed before the District Commission

  4. 4. Synopsis with List of Dates and Events

  5. 5. Memo of Parties

  6. 6. First Appeal along with Supporting Affidavit

  7. 7. Certified Copy of the Impugned Order passed by the District Consumer Disputes Redressal Commission

  8. 8. Statutory Deposit Receipt / Proof of Deposit of 50% of the Amount Ordered by the District Commission, wherever applicable under Section 41 of the Consumer Protection Act, 2019

  9. 9. True Copy of Annexures / Supporting Documents

  10. 10. Interlocutory Application(s) (IA), if any (e.g. Application for Condonation of Delay, Stay Application, etc.)

  11. 11. Vakalatnama / Authority Letter, wherever applicable

General Instructions

  • 1. Matters shall be filed before the State Consumer Disputes Redressal Commission, Punjab during working hours on all working days.

  • 2. Every pleading shall be duly signed by the concerned party or its authorised representative and supported by a Supporting Affidavit, wherever required.

  • 3. The case shall be filed in 1 + 2 sets along with one additional set for each opposite party/respondent.

  • 4. All documents shall be properly indexed and arranged in the prescribed sequence.

  • 5. The pleadings and annexures shall be paginated continuously and legibly.

  • 6. Copies of all annexures and documents relied upon shall be self-attested as "True Copy".

  • 7. Certified copies / authenticated copies of the impugned order(s), wherever applicable, shall be filed.

  • 8. If any document is in a vernacular language, an English translation thereof shall be filed along with the original document.

  • 9. The Memo of Parties shall contain complete postal addresses, mobile numbers and e-mail addresses of all parties, wherever available.

  • 10. Interlocutory Applications, if any, shall be filed separately along with the requisite Supporting Affidavit.

  • 11. All pleadings, affidavits and annexures shall be clear, legible and complete in all respects.

Note

  1. 1. Demand draft of 50% of award, awarded by the District Consumer Commission (in case of the complaint filed by Opposite Party after 20.07.2020)

  2. 2. Demand draft of Rs.25000/- or 50% of award which ever is less, awarded by the District Consumer Commission (in case of the complaint filed by Opposite Party before 20.07.2020)

Downloads

Forms and documents for this procedure

2 files

  • PROFORMA FOR FILING FIRST APPEAL

    Proforma

    FILE—

  • AFFIDAVIT IN SUPPORT OF PLEADINGS

    Proforma

    FILE—